Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, from a decision of the Registrar of Motor Vehicles pursuant to section 47(1) of the Act to suspend a Driver’s Licence
Between:
J.M.
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISION AND ORDER
Panel: Dimitri Louvish, M.D., Member Avvy Yao-Yao Go, Member
Appearances:
For the Appellant: J.M., Appellant
For the Respondent: Sonia De Santis, Agent
Place and Date of Hearing: By Teleconference September 20, 2018
REASONS FOR DECISION AND ORDER:
A. Overview
1By a letter dated March 1, 2018, the Deputy Registrar of Motor Vehicles advised the appellant that his driving privilege was suspended as a result of a Medical Condition Report filed by the appellant’s family physician, Dr. W., indicating that the appellant has unstable mental or emotional illness.
2The Deputy Registrar of Motor Vehicles also asked the appellant to provide a mental health assessment form. In a mental health assessment form dated March 15, 2018, Dr. W. reported that the appellant has depression/dysthymia, and that the most recent onset of the illness was less than 3 months. While Dr. A. reported the appellant has ongoing depressive symptoms, she also reported that the appellant’s condition has improved, with a MOCA test score of 22+1 over a total of 30. The Montreal Cognitive Assessment is a screening assessment for detecting cognitive impairment.
3Because the second page of the mental health assessment form was missing, the Deputy Registrar wrote to the appellant on March 27, 2018 asking him to submit a complete form, which was later submitted.
4The previously missing page of the mental health assessment form contains information about the appellant’s cognitive condition. Dr. W. reported that the appellant has mild cognitive impairment or mild dementia, although she opined that the appellant does not have any difficulties with judgment.
5Upon receiving the completed mental health assessment form, the Deputy Registrar wrote to the appellant on April 13, 2018 asking him to provide additional information. Specifically, the Registrar required confirmation of a three month period of mental and emotional stability. The letter also indicated that the Registrar may require the appellant to undergo a functional assessment at a functional assessment centre. In reply, Dr. W. reported in a letter dated June 14, 2018 stating that the appellant has had at least three months of mental and emotional stability while under her care.
6By a letter dated June 26, 2018, the Registrar advised the appellant that it required a satisfactory driving evaluation from a rehabilitation centre.
7Dr. W. wrote back to the Registrar on July 4, 2018 advising that the appellant cannot afford to do a driving evaluation and he asked his doctor to repeat his MOCA which scored 26+1 over 30 on that day.
8Notwithstanding the improvement in the appellant’s MOCA score, the Registrar wrote to the appellant on July 20, 2018 reiterating its requirement for a satisfactory functional assessment before reinstating the appellant’s driving privilege.
9The appellant appealed the suspension to the Licence Appeal Tribunal.
10For reasons to follow, we find the appellant suffers from a mental or physical condition that is likely to significantly interfere with his ability to drive safely, namely, cognitive impairment and dementia. Accordingly, we confirm the Registrar’s decision to suspend the appellant’s driver’s licence.
B. ISSUES:
11The issue in this appeal is whether the appellant suffers from a mental or physical disability likely to significantly interfere with his ability to drive a motor vehicle safely.
C. LAW:
12The Registrar has the power under s. 47(1) of the Highway Traffic Act to suspend or cancel a driver’s licence on various grounds.
13Subsection 14(1) of O. Reg. 340/94 (“Regulation”) under the HTA states in part:
(1) An applicant for or a holder of a driver’s licence must not,
(a) Suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely....
14Section 14(2)(a) of the Regulation allows the Registrar of Motor Vehicles to consider the Canadian Council of Motor Transportation Administrators Medical Standards for Drivers (“CCMTA Standards”) when determining whether the requirements of s.14(1) are met. Similarly, the Tribunal may take the CCMTA Standards into consideration, although they are not binding documents.
15Under s. 14(2)(b) of the Regulation, the Registrar may also require a driver to provide satisfactory evidence that he or she is able to drive safely. The Tribunal may consider whether a driver has complied with such a request.
16The Registrar has the burden of establishing the ground for suspending the licence on a balance of probabilities. Following a hearing, the Tribunal may, under s. 50(2) of the HTA, confirm, modify or